The first witness for Beef Products Incorporated, in its defamation lawsuit against ABC, says surveys he did prove the network's coverage damaged the Dakota Dunes-based company.

That witness was Columbia University marketing professor Dr. Ran Kivetz. Kivetz says he has been an expert witness in more than 30 cases. However, this is his first defamation lawsuit.

Kivetz provided an extensive analysis of ABC reports of LFTB from March 7th to April 3rd. He also did four different consumer reaction surveys. One survey asked if BPI's signature product "lean, finely textured beef" is meat. Another survey asked is LFTB is safe. A third survey asked if LFTB is nutritious. The final survey asked if BPI improperly obtained USDA approval of LFTB.

A total of 1,600 people took part in these studies.

Kivetz said results of surveys done on March 7th and 8th reports had consumer reaction said LFTB isn't meat, isn't safe, and isn't nutritious. The surveys also showed respondents believed BPI did improperly get USDA approval of LFTB.

Kivetz did have two errors in two of the surveys. ABC's lawyer, Dane Butswinkas, was quick to point that out in cross examinations. "In the end when you were reporting your final results of your four surveys, two of them were wrong," said Dane Butswinkas. "They are not wrong. There was a calculation error that doesn't change the nature of the results and I explained how that calculation error happen from a conservative type of calculation. I can explain it again," said Dr. Ran Kivetz.